Research Article
Formulation of Legal Interpretation to Prevent Differences in Interpretation of Article 112 Section (1) and Article 127 Section (1) Letter a of The Narcotic Law
@INPROCEEDINGS{10.4108/eai.28-5-2022.2320563, author={Lily Untoro and Hamidah Abdurrahman and Fajar Sudewo and Kuz Rizkianto}, title={Formulation of Legal Interpretation to Prevent Differences in Interpretation of Article 112 Section (1) and Article 127 Section (1) Letter a of The Narcotic Law}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia}, publisher={EAI}, proceedings_a={MALAPY}, year={2022}, month={8}, keywords={dynasty formulation law narcotic}, doi={10.4108/eai.28-5-2022.2320563} }- Lily Untoro
Hamidah Abdurrahman
Fajar Sudewo
Kuz Rizkianto
Year: 2022
Formulation of Legal Interpretation to Prevent Differences in Interpretation of Article 112 Section (1) and Article 127 Section (1) Letter a of The Narcotic Law
MALAPY
EAI
DOI: 10.4108/eai.28-5-2022.2320563
Abstract
The difference in the application of the article shows that there are different interpretations of the law. The purpose of this study is to analyze the causes of differences in interpretation by judges in the application of Article 112 Paragraph (1) and Article 127 Paragraph (1) Letter a of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and to analyze the formulation of appropriate legal interpretations to prevent discrepancies. interpretation of Article 112 Paragraph (1) and Article 127 Paragraph (1) Letter a of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The results of the study show that there are differences in the interpretation of Article 112 Paragraph (1) and Article 127 Paragraph (1) Letter a of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics resulting in the law being weak and causing uncertainty so that it can lead to injustice. Differences in interpretation can be seen from the intentions, the ambiguity of the very broad meaning of the text, and the complexity of the problem when applied to concrete cases. There are several alternative formulation policies for Article 112 Paragraph (1) and Article 127 Paragraph (1) Letter a of the Law of the Republic of Indonesia Number 35 Year 2009 concerning Narcotics, namely: by changing Article 112 Paragraph (1) and Article 127 Paragraph (1) Letter a Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics.